LCS Musical Instruments RFP 11.19.19.pdf

REQUEST FOR PROPOSAL

Purchase of Musical Instruments

For

Lincoln Consolidated Schools

Proposal Due:

Wednesday December 4, 2019 at 1:00 p.m. (local time)

Request for Proposal (RFP)

Mr. Phil Bongiorno, Director of Facilities

7425 Willis Road Ypsilanti, MI 48197

Phone: 734-484-7039

E-mail: bongiornop@lincolnk12.org Purchase of Musical Instruments

Late Proposals Will Not Be Accepted or Considered

8970 Whittaker Road Ypsilanti, MI 48197

Invitation to Bid

Purchase of Musical Instruments

Bids are being solicited for the purchase of the following musical instruments. Enclosed are general and specific conditions, specifications, and other data necessary to respond to this bid.

All invitations to bid issued by Lincoln Consolidated Schools will bind bidders and successful bidders to the conditions and requirements, set forth in these general conditions, and such conditions shall form an integral part of each purchase contract awarded.

Instructions to Bidders All bid responses must be submitted to Phil Bongiorno, Director of Facilities, no later than Wednesday, December 4, 2019 at 1:00p.m. (local time) in accordance with forms provided by Lincoln Consolidated Schools.

Please submit two sealed hard copies of the bid response, including the completed Company Information & Certification form, the Bid Response & Enclosures form, and the Bid Price form(s) included in this packet. Please email request to: bongiornop@lincolnk12.org. The sealed bid is to be date-stamped in the Business office no later than Wednesday December 4, 2019 at 1:00p.m. The outside of the envelope must include the bid title, due date and time, and be addressed as follows:

Phil Bongiorno, Director of Facilities

Purchase of Musical Instruments 2019 7425 Willis Road

Ypsilanti, MI 48197

Facsimile transmission of the bid response will not be accepted. All bids after the date and time stated above will not be considered and will be returned to the bidder unopened. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of Lincoln Consolidated Schools. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for the bid to arrive on time and at the place specified.

Prices and information required, except signature of bidder, should be typewritten. Illegible or vague bids may be rejected. All signatures must be written. Facsimile, printed or typewritten signatures are not acceptable.

The response to the bid must be prepared simply and provide a concise description of the bidder’s ability to meet the requirements. Lincoln Consolidated Schools reserves the right to request clarification of responses received and/or conduct interviews with any and all bidders.

The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the supplies, materials, equipment or service required, and a representation that the bidder can furnish the supplies, materials, equipment or service satisfactorily in complete compliance with the specifications.

Lincoln Consolidated Schools reserves the right to use any and all concepts presented in any reply to obtain the most beneficial and effective contract. Selection or rejection of submittal does not affect this right.

Lincoln Consolidated Schools shall have the right to waive any informality or irregularity in any bid proposal received and to accept bid proposals which, in its judgement, are in its own best interest, which includes not awarding to the low bidder. Lincoln Consolidated Schools reserves the right to accept or reject any bid proposal in its sole discretion except where otherwise provided by law and to make the award in any manner deemed to be in the best interest of the school district.

Bids are considered irregular and may be rejected for any of the following reasons:

• If bid proposal forms furnished are not used, altered, or incomplete.

• If there are unauthorized additions, qualifications, conditions, or irregularities of any kind which may make the bid incomplete, indefinite or ambiguous as to its meaning.

• If bidder adds any provisions reserving right to accept or reject any awards of contract.

• If unit prices or alternates contained in the bid schedule are obviously unbalanced either in excess of, or below, reasonable cost analysis values.

• Bidder’s lack of expertise as shown by past work and judged from the standpoint of workmanship and performance history or past references.

• If any pertinent instructions to bidders are not fully complied with.

Notwithstanding any other provision of this invitation to bid, Lincoln Consolidated Schools expressly reserves the right to:

• Waive any insignificant defect or informality in any proposal/quotation procedures.

• Make all decisions, without limitation, as to whether a proposal does or does not comply with the requirements of this invitation to bid.

• Accept, reject, or negotiate terms of any proposal, or any parts thereof, for the purpose of obtaining the best and final offer. During this period, Lincoln Consolidated Schools will not disclose any information derived from proposals submitted or from discussions from other suppliers.

• Only the Business Office is authorized to negotiate on behalf of Lincoln Consolidated Schools with respect to this invitation to bid.

• Re-issue a bid proposal or cancel the proposal process.

Bids will be opened in the Pittman room of Lincoln Consolidated Schools Administrative offices, 7425 Willis Road, Ypsilanti, MI 48197 on Wednesday December 4, 2019 at 1:00p.m. local time.

No recommendation for award will be made at this time.

Contract Award Awards will be made to the lowest responsible bidder, as will best promote the public interest.

Specific factors to be considered in awarding the bid include, but are not limited to:

• Reliability of the bidder (determined primarily through references)

• Pricing

• Quality and conformance to specifications

• Ability to meet delivery/order lead time schedules (determined primarily through references)

It is the intent of Lincoln Consolidated Schools to award the agreement to the lowest responsive and responsible bidder, provided the bid proposal has been submitted in accordance with the requirements of the bidding documents and does not exceed the funds available.

The submission of comparable alternates will be accepted and reviewed. However, if any substitution or departure is not clearly noted an described, it will be understood that the bid intends to exactly meet the specifications. The Board of Education shall be the sole judge as to whether the proposed goods are “equal” or “approved”. The Board of Education reserves the right to accept or reject any or all bids or to split awards by item.

Lincoln Consolidated Schools reserves the right to make awards within sixty (60) days after the date of the bid opening during which period bids may not be withdrawn unless the bidder distinctly states in the bid that acceptance thereof must be made within a shorter specified time.

GENERAL TERMS & CONDITIONS:

All information provided through this request and ensuing process will be held in confidence and will not be revealed nor discussed with any competitor until final execution of the purchase order. At that time, all documents of this process shall become public (excluding proprietary or financial information as determined by Lincoln Consolidated Schools regardless of statements contained within submittal to the contrary). Furthermore, all material submitted shall become the property of Lincoln Consolidated Schools and may be returned only at Lincoln Consolidated Schools option.

Contract The placing in the mail of a notice of award or purchase order to successful bidder to the address given in the bid will be considered sufficient notice of acceptance of contract.

Upon entering into a contract with Lincoln Consolidated Schools, the successful supplier(s) shall not assign or delegate any obligation to another supplier(s) without written consent of Lincoln Consolidated Schools. All subcontractors supplying products must be identified within the bid response including name, address, phone number and projects to be supplied.

If the supplier(s) fails to deliver within the time specified, or within reasonable time as interpreted by Lincoln Consolidated Schools, or fails to make replacement of rejected articles, when so requested, immediately or as directed, Lincoln Consolidated Schools may purchase from other sources to take the place of the item rejected or not delivered. Lincoln Consolidated Schools reserves the right to authorize immediate purchase from other sources against rejections on any contract when necessary. On all such purchases, the supplier(s) agrees to reimburse Lincoln Consolidated Schools promptly for excess costs occasioned by such purchases. Should the cost be less, the supplier(s) shall have no claim to the difference. Such purchases will be deducted from the contract quantity.

Supplier(s) must provide the products bid. Substitutions for the convenience of the supplier(s) will not be accepted, and will be cause for termination of the contract or re-submission of the bid. Projects discontinued by the manufacturer, supplanted by improved formulations, or in tight supply due to market conditions will not apply, but will only be accepted upon notification to Lincoln Consolidated Schools.

Guarantees The successful bidder guarantees the bidder’s products against defective materials or workmanship and to repair or replace any damages or marring occasioned in transit, delivery prior to January 31, 2020.

Indemnification and Hold Harmless Agreement Bidder agrees to accept responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release the Lincoln Consolidated Schools, and its officers and employees from actions, claims, damages, disabilities or the cost of litigation that are asserted by any person or entity to the extent arising out of the negligent acts or omissions or willful misconduct in the performance by the bidder hereunder, whether or not there is concurrent negligence on the part of the Lincoln Consolidated Schools, but excluding liability due to the active negligence or willful misconduct of the Lincoln Consolidated Schools. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for bidder or its agents, under workmen’s compensation act, disability benefits acts or other employees’ benefits acts.

Specific Terms and Conditions

Instrument Specifications See attached bid Listing

Pricing Structure Michigan State sales and use taxes and Federal excise taxes do not apply. Prices shall be net and not include the amount of any such tax. Exemption certificates will be furnished upon request.

Prices shall be net and include all freight and miscellaneous charges fully prepaid by the successful bidder, including, but not limited to, shipping, handling, delivery, and fuel charges.

Alternates Supplier shall make every attempt to bid as per the specifications. In the event that a particular item(s) must be bid differently from the specifications, the bidder shall clearly indicate such on the bid form. In the event that a supplier wishes to bid a voluntary alternate in addition to the base bid (and as a cost savings consideration for the district), such alternate shall be submitted with the bid, on separate sheets, and labeled as such, with a brief description of the differences and rationale. Such proposals will be accepted and reviewed. However, if any substitution or departure is not clearly noted and described, it will be understood that the bid intends to exactly meet the specifications.

Inquiries & Questions Please direct all inquiries, requests for clarification, or interpretation relating to this bid to Phil Bongiorno at bongiornop@lincolnk12.org.

REQUIRED SIGNED DOCUMENTS

Sworn & Notarized Familial Disclosure Statement

All bidders must provide familial disclosure in compliance with MCL 380.1267 and attach this information to the bid. The bid will be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the bidder and any member of Lincoln Consolidated Schools Board of Education or the Superintendent of the Lincoln Consolidated Schools. The District will not accept a bid that does not include this sworn and notarized disclosure statement.

The following familial relations exist between the owner or any employee of the bidder and member of the Lincoln Consolidated Schools Board of Education or the Superintendent of Lincoln Consolidated Schools.

Owner/Employee Name Related To Relationship

1.____________________________ ____________________________ __________________ 2.____________________________ ____________________________ __________________ 3.____________________________ ____________________________ __________________ 4.____________________________ ____________________________ __________________ 5.____________________________ ____________________________ __________________

Attach additional pages if necessary to disclose familial relationship.

There is no familial relationship that exists between the owner and any employee of the bidder and any member of the Lincoln Consolidated Schools Board of Education or the Superintendent of the Lincoln Consolidated Schools.

Bidder’s Firm Name: ______________________________________ By (Signature): ______________________________________ Printed Name & Title ______________________________________ Subscribe and sworn before me this_______Day of___________,20___a Notary Public In and for_________________________________ County_______________________ Signature _____________________________________________________________

NOTARY PUBLIC My Commission expires_____________________________________

SEAL

AGREEMENTS:

The undersigned understands that the District reserves the right to reject any and all bids and to waive informalities and irregularities in bidding.

District also reserves the right to hold bids for a period of 60 days from bid opening date.

The District reserves the right to accept or reject any or all Bids in whole or in part, or to waive any informality therein. If in the District’s opinion it is in their best interest, the contract may be awarded to other than the lowest bidder, for reason of establishing uniformity, delivery time, etc.

If award is made to us under this proposal, we agree to enter into an Agreement with Lincoln Consolidated Schools to furnish products and/or services, in strict accordance with this proposal, bid documents and all pertinent portions of plan and specifications.

My signature certifies that the proposal as submitted complies with all Terms and Conditions as set forth in this RFP.

My signature also certifies that the accompanying proposal is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud. Furthermore, I understand that fraud and unlawful collusion are crimes under Federal Law, and can result in fines, prison sentences, and civil damage awards.

My signature also certifies that this firm has no business or personal relationships with any other companies or persons that could be considered as a conflict of interest or potential conflict of interest to the Lincoln Consolidated Schools, and that there are no principals, officers, agents, employees, or representatives of this firm that have a any business or personal relationships with any other companies or person that could be considered as a conflict of interest of potential conflict of interest to Lincoln Consolidated Schools, pertained to any and all work or services to be performed as a result of this request and any resulting contract with Lincoln Consolidated Schools.

I hereby certify that I am authorized to sign as a Representative for the Firm:

Name, title, and signature of individual duly authorized to execute contracts:

Name:________________________________________________________________________

Title:__________________________________________________________________________

Signature:_____________________________________________________________________

AFFIDAVIT OF BIDDER

The undersigned, the owner or authorized officer of_____________________________

(the “Bidder”), pursuant to the Iran Economic Sanctions Act (MCL 129.313), and the requirement provided in the Lincoln Consolidated Schools (the “School District”) advertisement or RFP documentation for musical instruments, hereby represent and warrant, except as provided below, that (the Bidder’s Company/Business is in full and unconditional compliance with Public Act 517 of 2012 MCL, and is not an Iran Linked Business.

Conditional Effect 129.316 Sec. 6: The provisions of this Act are effective only if Iran is a State sponsor of terror as defined under section 2 of the divestment from terror Act, 2008 PA 234, MCL 129.292.

BIDDER:_______________________

By:___________________________

Its:___________________________

STATE OF MICHIGAN)

COUNTRY OF WASHTENAW)

This instrument was acknowledged before me on the __________day of ________, 20 _____, By

Notary Public

_______________County, Michigan

My Commission Expires:__________

Acting in the County of:__________

Specifications and Price for Instruments

Price Bid Sheet for Lincoln Consolidated Schools

Company Name: ______________________________________________

Address: ______________________________________________

Signature: ______________________________________________

Title: ______________________________________________

Date: ______________________________________________

Total price for instruments as specified to include delivery (please attach or describe/include all specifications and include minimum specifications with any variations noted):

Please see Attachment A

Attachment A

Company Name: _____________________________________________

Lincoln High School Band Make Description Quantity Price Total Yamaha YBB-641 PRO 4 Valve Rotary Tuba Outfit 4 Yamaha YBB-321 WC Intermediate 4 Piston valve

Tuba outfit

Gemeinhardt 4W Piccolo, Wood Body and Headjoint 1 Pearl PFP105E Grenditte Piccolo, Split E, Wave

Headjoint

Gemeinhardt 4PMH Piccolo, Plastic Body w/silver-plate headjoint

Holton H379 Intermediate French horn 4 Holton H181 Pro “Farkas” French horn 4 Yamaha CLP635 Clavinova 4 Korg G1 Air Digital Piano 1 Roland RP501R Digital Home Piano 1 Roland RP102 88-Key Digital Piano 1 Musser M635C 1.5 Classic Chimes, 1.25” Chrome

Tubes

Musical Instruments

Bid Response & Enclosures

Please verify with an “X” that the following items are included in the bid response.

1. Completed and notarized Company Information & Certification form

2. Bid Price form listing unit and extended prices and all other charges_________________

Please respond to the following questions:

1. Describe the payment terms:_______________________________________________

2. What is the required lead time to place an order?_______________________________

3. For how many days is this quote valid?________________________________________

4. Describe any warranties provided or available for purchase:________________________________________________________________

5. How soon can you deliver the items listed in Attachment A:_______________________